Fighting Against Domestic Violence Protective Orders in Union County
Under North Carolina law, an individual who fears for his or her safety can seek a protective order or what more what is more commonly known as a restraining order against another person. In Union County and through out North Carolina, domestic violence restraining orders are called Domestic Violence Protective Orders, or 50B restraining orders. If you are facing a Domestic Violence Protective Order, it is essential that you hire skilled legal representation to fight for your best interests. The Domestic Violence Protective Order process can be challenging and frustrating. Having an experienced attorney on your side who can fight for your best interests is essential.Are Domestic Violence Protective Orders Criminal or Civil?
Legally, Domestic Violence Protective Orders are civil orders, however, these civil orders are often related to criminal domestic violence charges. Typically, criminal defense attorneys in North Carolina view Domestic Violence Protective Ordersfrom a criminal perspective because violations of the order result in criminal charges.
It is important to treat Domestic Violence Protective Orders as seriously as one would treat a criminal charge because they can have lasting negative impacts on your career. When someone seeks a protective order, they often allege that the recipient of the order has engaged in criminal actions, such as:
- Injury to another person’s property
- Committing phone calls in a harassing manner
- Communicating threats of violence
- Interfering with 911 emergency phone calls
- Misdemeanor simple assault
- Assault and battery
- Misdemeanor assault on a female
- Misdemeanor assault with a deadly weapon
- Felony assault by strangulation
- Felony assault inflicting serious bodily injury
An ex parte filing of a Motion for Domestic Violence Protective Order allows a judge to provide a person petitioning for a Domestic Violence Protective Order to have an immediate hearing without any notice to the Defendant. An ex parte temporary protective order allows the person filing to receive immediate protection from the alleged abuser. A judge has the power to issue an ex parte order or temporary order without scheduling a hearing that allows the defendant to be heard to contest the allegations. The alleged abuser still has the right to attend the subsequent hearing in regards to a 1 year order, however, when a victim alleges that he or she is in immediate danger, an ex parte or temporary order may be appropriate.
When a judge decides to issue an ex parte order, the order will usually last for seven days after the alleged abuser receives service, or for 10 days after the judge grants the order. Once the alleged abuser receives service of a copy of the order, it becomes enforceable and the alleged abuser must abide by the terms. When the defendant is served with the ex parte order, the order will include a notice of hearing providing the defendant a court date where he or she will be able to contest the petitioners request to have the temporary order extended to a 1 year Domestic Violence Protective Order.Domestic Violence Protective Orders
As mentioned above, after a judge issues a temporary ex parte restraining order, he or she will schedule a hearing. During the hearing, the judge will decide whether to issue a permanent order. The alleged abuser will receive notice of the hearing date. It is essential to speak with an attorney as soon as possible to properly prepare for the hearing. If the defendant does not show up to the hearing, a court has the authority to enter the order automatically.Comply with the Temporary Order
The first step to take when fighting a Domestic Violence Protective Order is to comply with the order. Be sure to comply with every single condition listed in the requirement, even if you do not think it is necessary or fair. In North Carolina, those who violate restraining orders face criminal chargesthat could result in up to 150 days of jail time.Contact a Skilled Defense Attorney
Next, contact a skilled Monroe defense attorneyas soon as possible. At Arnold & Smith, PLLC we help our clients gather evidence to present at the hearing. The best way to fight a Domestic Violence Protective Order is to present evidence that contradicts the claims of the alleged victim. Often times a petitioner’s motive for filing a Domestic Violence Protective order has absolutely nothing to do with being a victim of domestic violence. Domestic Violence Protective Orders are often used inappropriately to leverage a contentions divorce case. The alleged victim must, however, prove their accusations at the hearing. Typically, in order to have the court grant a request for a domestic violence protective order the petitioner has the burden of proving the following:
- The defendant committed violent illegal acts toward the alleged victim
- The victim and the defendant had a personal relationship
- The defendant placed the alleged victim in fear of imminent serious bodily injury
- The defendant placed the alleged victim in fear of harassment that rises to the level of emotional distress
- The defendant intended or attempted to cause serious bodily injury to a minor child or the complainant
We fight hard to disprove the allegations made by those seeking Domestic Violence Protective Orders against our clients. We gather and present medical records, eyewitness accounts, photographs, and any other documents that support our client’s testimony. We also show inconsistencies in the testimony of the alleged victim and seek out evidence showing the true motive of the petitioner in order to call into doubt the credibility of the accuser. Contact our criminal defense law firm todayto schedule your initial consultation today. Call (704) 370-2828 to evaluate your options or fill out our contact form. Arnold & Smith PLLC represents individuals throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.